LME3701 - Legal Research Methodology Assignment

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Assignment Task

Introduction

This document contains information about completing your DRAFT RESEARCH PROPOSAL (Assignment 2). Ensure that you use the prescribed headings in the proposal in the order given. You will have to obtain sources on the given topic from the library. Library training will be provided to guide you on using the Unisa online library to find relevant sources

Turnitin

Before we turn to the research topic, please note the following very important points about the use of Turnitin which is a prerequisite for your assignment to be marked.

  • We use Turnitin for assignment 2 (draft research proposal) and assignment 3 (final research proposal).
  • See the PowerPoint presentation under additional resources on how to submit it through Turnitin on myUnisa
  • Turnitin will generate a similarity report that you can view. It can be a powerful learning tool in that you can see where you perhaps did not paraphrase sufficiently, forgot to use quotes or neglected to acknowledge your sources. Where the Turnitin similarity index is unacceptably high, it may cause your assignment or portfolio not to be marked and to be flagged for possible disciplinary action.
  • If there is no Turnitin similarity report for your assignment/portfolio, your assignment/portfolio will not be marked.

Research topic

You work at a law firm that specializes in Family Law. You are consulted by a man with his male life partner. They explain to you that they had just had a baby through a surrogate and when they went to the Department of Home Affairs they were not allowed to register as the child's parents due to the fact they were not married at the time of the birth.

You are tasked with researching the law on the rights of parents of children conceived through surrogacy. You have to focus on the rights of the parents (the couple that wants the baby), this will include any relevant Constitutional rights.

You must choose whether you are researching the topic using the historical approach or the comparative approach (see explanation below) Write a draft research proposal for a prospective post-graduate study on the topic setting out how the law deals with such issues. Focus on the legislative framework, law reform commission reports, case law and writings by scholars.

When writing your proposal, you have two options in terms of research approach:

1) Write the proposal using the historical research approach.

This means looking at the historical development of the law on the issue from a specific date in the past up to the present day. You will look at relevant case law and legislation that might have contributed to the law as it stands today.

You will alsoconsider law reform commission reports. Writings by scholars can assist in interpreting the law and evaluating its application and effectiveness.

2) Write the proposal using the comparative research approach:

This means looking at the current legal position in one jurisdiction and comparing it to the current legal position in another jurisdiction. For purposes of this research proposal, you must look at the laws of England. Legislation, case law, law reform commission reports and writings by scholars should be consulted.

Preparing for the draft research proposal

There are several documents to consult to prepare your proposal, including your study guide and tutorial letters 301 and 302. We have compiled a PowerPoint presentation that consolidates all the requirements.

The additional resources folder on myUnisa for a PowerPoint presentation that explains what is required of you under each prescribed heading in the proposal. You will also find a downloadable cover page and academic honesty declaration there. Note that you need not sign the academic honesty declaration.

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